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RAILROAD COMMISSION OF TEXAS v. UNITED STATES

No. A-5932.

317 S.W.2d 927 (1958)

RAILROAD COMMISSION OF TEXAS et al., Petitioners, v. UNITED STATES of America et al., Respondents.

Supreme Court of Texas.

November 19, 1958.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., James W. Wilson, Asst. Atty. Gen., for Railroad Commission.

Smith & Steakley, Zollie C. Steakley and Phillip Robinson, Austin, for Texas Motor Common Carriers.

James E. Kilday and E. Riggs McConnell, Dept. of Justice, Washington D. C., Russell B. Wine, U. S. Atty., San Antonio, Stanley N. Barnes, Asst. Atty. Gen., for United States.

Wm. R. McDowell, Dallas, for Texas & P. R. Co. and other Railroads.

Ewell H. Muse, Jr., and Morgan Nesbitt, Austin, for Mills King dba Texas Transport.

GREENHILL, Justice.

The broad question here is whether the United States government may bargain and enter into contracts with carriers for the transportation of its goods and personnel, wholly within the State of Texas, without regard to the rates fixed by the Texas Railroad Commission. Or stated differently, the question is whether the State, through its Railroad Commission, may regulate rates contracted for and charged by common carriers when they perform intrastate...

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